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ICPC Private Adoption

In Colorado, private interstate adoptions are processed by Lutheran Family Services Rocky Mountains, 363 South Harlan Street, Suite 200, Denver, Colorado 80226.  Contact Person: Nichole Snow, phone: 303-217-5840, fax: 303-922-7335.

If a child is born in one state, commonly known as the "sending state" and the adoptive family lives in another state, called the "receiving state", the adoption placement must be approved by the Interstate Compact for the Placement of Children. (ICPC). All states are members of the ICPC. For the purposes of an adoption, it is illegal to move a child across state lines without meeting the requirements of the ICPC.

 

The documentation submitted to the ICPC for approval includes the adoptive parents home study, the child's birth information and other health information, biological information on the birth parents, and relinquishment or termination documentation from the birth parents. Documentation for the child and the adopting parents will be forwarded to the ICPC office in the sending state, which will forward the documents to the ICPC office in the receiving state. The ICPC offices review the documentations to verify that their state laws have been complied with.

 

Once approval has been made, the child can be placed with the adopting family from the receiving state.

 

ICPC Documentation Requirements for Colorado as Sending State

 

The following documentation must be included in an ICPC packet for a child going from Colorado to another State. (Colorado as "Sending State"):

  1. ICPC Form 100A (Interstate Compact Placement Request) completed and signed by an agency placement supervisor.
  2. Affidavit of Relinquishment Counseling (Form JDF 453) completed and signed by the person who provided birth parent counseling.
  3. An Individualized narrative counseling report that contains the elements required by Volume 7, Section 7.710.57.
  4. A Final Order of Relinquishment or Termination of Parental Rights from a Colorado court or, if you are awaiting a court date and do not have Final Orders at the time of placement you will need to have #'s 5,6,7 and 8 below.
  5. A Petition for Relinquishment or Expedited Petition (Form JDF 452) singed and dated by the birth mother.
  6. If the Petition is to be expedited, there must also be a Birth Parent Affidavit for expedited Relinquishment (Form JDF 480) signed and dated by the birth mother, notarized and signed by two witnesses.
  7. A Relinquishment Interrogatory- Mother (Form JDF 513) completed, signed and dated by the birth mother.
  8. A Petition for Relinquishment of Expedited Petition and a Relinquishment Interrogatory-Father (Form JDF 512) completed, signed and dated by each alleged and presumed birth father, if possible. If this is not possible, write a plan describing how your agency plans to terminate the parental rights of all possible birth fathers.  Our counseling report (See #3) should contain information about efforts made to locate each of the alleged and presumed birth fathers and the expected level of cooperation or lack of cooperation of each possible birth father.
  9. A Statement of Legal Risk signed by both adoptive parents if you do not have Final Orders of Relinquishment/Termination for all possible birth parents. The statement should include acknowledgement by both of the adoptive parents that the legal rights of any of the possible birth parents have not been relinquished and that, should either/both parents decide to exercise their rights, the child may have to return to the agency.
  10. Your agency's document (signed by the birth mother) used to transfer custody of the child from the birth mother to your agency for the purpose of adoptive placement. Every agency has their own form for this purpose.
  11. Social/Medical history forms on both birth parents. (If not available for birth father, the reason should be documented in the counseling report.) Must have documentation of history of drug/alcohol usage by birth mother.
  12. Evidence of compliance with the Indian Child Welfare Act (ICWA). Must complete the American Indian/Alaska Native Assessment Form (or a comparable form). If there is any covered ancestry in either birth family, there must be evidence that the appropriate tribe was contacted and /or their response should be included.
  13. Hospital medical records on the child. In most cases, a new born Birth summary and Newborn Discharge Summary from the hospital will be sufficient. If there are any medical problems with the child, or there is a risk or drug, alcohol or infectious disease exposure, the record should be more complete.
  14. Home study of the adoptive parents/family (this should be requested by your agency and included the packet submitted to Lutheran Family Services Rocky Mountains).  Since the CO court will have give your agency custody of the child, you will want to review the home study to make sure the adoptive home appears to be appropriate.
  15. Itemized list of all monies paid to attorneys, agencies, birth parents, including a statement that no money was paid for locating the child.
  16. Names of all attorneys that were involved in the case--in Colorado and in the other state.
  17. Some states have additional requirements (special forms), so you should check with the out-of-state agency to ask about the requirements in their state. You can also call Nichole Snow at Lutheran Family Services Rocky Mountains, 303-217-5840. 
  18. A check for $170.00 payable to Lutheran Family Services Rocky Mountains.
  19. A Fed Ex or other overnight mailer addressed to the ICPC office in the receiving state.

 

Make four (4) copies of the completed packet. Keep one(1) for your file and forward three (3) copies to Lutheran Family Services Rocky Mountains with the $170.00 check and the overnight mailer.

 

 

As the Sending State/Agency, you are responsible for opening the ICPC and for closing the ICPC.

  1. Following placement, complete the "Initial Placement" section of ICPC 100B (Interstate Compact Report on Child's Placement Status). Sign and date the form and send 3 copies to Lutheran Family Services Rocky Mountains.
  2. After finalization of the adoption, request a copy of the final Decree of adoption from the receiving state agency/attorney. Complete the "Initial Placement" and "Compact Termination" section of the new 100B, sign and date the form and send 3 copies of the form and the final decree of adoption to Lutheran Family Services Rocky Mountains.
  3. If any other changes in the placement occur (e.g., family moves placement disrupts, etc), please call Lutheran Family Services Rocky Mountains for guidance on who needs to be notified and how that notification should be done.

 

*Colorado law requires that a licensed child placement agency provide adoption services to Colorado birth parents and families.

 

 

ICPC Documentation requirements for Colorado as Receiving State:

 

The following documentation must be included in an ICPC packet for a child coming to Colorado from another state (Colorado as "Receiving State"):

  1. ICPC Form 100A (Interstate Compact Placement Requests) completed and signed by an agency placement supervisor and by the Interstate Compact Administrator in sending State.
  2. Relinquishment Counseling Report (if birth parent counseling is required by sending state).
  3. A Final Orders of Relinquishment or Termination of Parental Rights from a court in the Sending State or, a valid, Voluntary Consent or Surrender Given in the sending state according to the laws of the sending state. There must e an order, consent or surrender for the birth mother and all possible birth fathers. If this is not possible, write a statement explaining the procedures that will be used to terminate all birth parents rights.
  4. If you do not have final, irrevocable orders, consents or surrenders for all possible birth parents, you will need a statement of Legal Risk signed by both adoptive parents. The statement should include at least the acknowledgement by the adoptive parents that the legal rights of one or both of the birth parents have not been irrevocably relinquished/terminated and that, should either or both parents decide to exercise their rights, the child may need to be returned to the agency.
  5. Copy of the document (singed by the birth mother) that is used by your agency to transfer physical custody of the child from the birth mother to an agency, attorney or to the adoptive family. This document should clearly convey the intent of the birth mother to release her child for the ultimate purpose of adoptive placement.
  6. Social/medical History form from both birth parent. If not available for a birth father, the reason should be documented. There must be documentation for any history of drug/alcohols usage of the birth mother.
  7. Evidence of compliance with Indian Child Welfare Act (ICWA), including a statement regarding the Native American heritage of both birth parents. If either parent does have an Indian heritage, we need documentation of efforts to contact the tribe.
  8. Hospital medical record on the child. In most cases, a Newborn Birth Summary and newborn Discharge Summary from the hospital will be sufficient. If there are any medical problems with the child, or there is a risk of drug, alcohol or infectious disease exposure, the records should be more complete.
  9. Family assessment (Home Study) of the adoptive family. This will be sent to you by the Colorado agency to be included in the ICPC packet.
  10. Itemized list of all monies paid to attorney's agencies, birth parents, including a statement that no money was paid for locating the child. The Colorado agency will provide you with a statement of fees charged by the agency to be included in the ICPC packet.
  11. Names of all attorneys that were involved in the case- in Colorado and in your state. If an attorney has been retained in Colorado, the Colorado agency can send you his or her name and address to include in the ICPC packet.
  12. If the adoption is to be finalized in Colorado, please include a copy of your state's status regulating relinquishment/termination of parental rights.
  13. Your state may have additional requirements. If you are not familiar with those requirements, please check with your state's Interstate Compact administrator. If there are other documents which must be submitted by the Colorado agency to meet your state requirements, please send those forms to the Colorado agency for completion.
  14. There is a $170.00 processing fee for private agency Colorado cases. Please check with the Colorado agency who is handling your case to arrange for payment of that fee.
  15. Please deliver or use an overnight service to mail the 100A and accompanying documents to the ICPC office in your state. Include a pre-paid overnight mailer addressed to Lutheran Family Services Rocky Mountains, 363 South Harlan Street, Suite 200, Denver, Colorado 80226. 

Make four (4) copies of the completed packet. Keep one (1) for your file and forwarded three (3) to your Interstate Compact Administrator with the overnight mailer addressed to Lutheran Family Services Rocky Mountains, 363 South Harlan Street, Suite 200, Denver, Colorado 80226.

 

As the sending agency or individual, you are responsible for opening and closing the ICPC

  1. Following placement, complete the "Initial Placement" section of ICPC 100B (Interstate Compact Report on Child's Placement Status). Sign and date the form and send three (3) copies to your Interstate Compact Administrator.
  2. After finalization of the adoption, complete the "initial Placement" and "Compact Termination" sections of a new 100B, sign and date the form and send three (3) copies of the form and the Final Decree of Adoption to your Interstate Compact Administrator.
  3. If any other changes in the placement occur (e.g., family moves, placement disrupts, etc. ), they will need to be reported to your Interstate Compact Administrator on Form 100B.

 

 

 Revised 07/17/2013